WSP11307

• File Number: 8200.300.10.A
• Description: Colorado River Basin Legislation/Law - Interstate Water Transfers
• Basin: Colorado Mainstem
• Date: 12/1/1997
• Author: USDOI/BOR
• Title: Draft: Programmatic Environmental Assessment for Proposed Rule Making for Offstream Storage of Colorado River Water and Interstate Redemption of Storage Credits in the Lower Division States
• Water Supply Pro - Doc Type: Publication

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and subsequent actions taken under the rule and are hereby incorporated by reference into this
EA. The noted section 7 consultation documents are adopted as a BA for this proposed action.
The developing Multi-Species Conservation Program (MSCP) is also adopted in support of the
BA.

Preferred Alternative

Reclamation has reviewed the Federal actions associated with the Preferred Alternative for
potential impacts on threatened and endangered species and their critical habitat as identified in
the Biological Opinion (BO) for CAP delivery, consultations for the SNWS, and the BA and
Biological and Conference Opinion (BCO) on Lower Colorado River Operations and
Maintenance. Since consultation has concluded on past, present, and ongoing actions, and
because the proposed action involves rulemaking only, Reclamation concludes that the proposed
action is unlikely to affect listed species or designated critical habitat in the action area,
Reclamation will consult with the Service anticipating a "No Effect" determination. This
determination would be further affirmed since delivery of Colorado River water to Lower
Division States under the proposed rule would be within the current and projected routine
operations of the Lower Colorado River consistent with the BCP A and the Decree, If there
would be any potential effects to listed species or designated critical habitat from the proposed
action they have already been addressed by the BO for CAP delivery, the BCO for Colorado
River Operations and Maintenance and/or the MSCP, or other compliance documents listed in
Appendix A. '

Reclamation will consult with the Service on potential impacts to listed species and critical
habitat for specific interstate transactions when they are presented for Secretarial review and
prior to his approval,

No Action A1temative

Potential effects on listed species and designated critical habitat under the No Action Alternative
would be the same as those described in the BO for CAP delivery and the BA and BCO for
Lower Colorado River Operations and Maintenance, Without the proposed rule it is possible
that offstream storage credits could be developed between California and Nevada for interstate
redemption purposes, Appropriate consultation with the Service under section 7(a)(2) ofESA
would be initiated on a case-by-case basis,

2, Fish and Wildlife Coordination Act

Section 2 of the Fish and Wildlife Coordination Act (FWCA) of 1958 (public Law 85-624, as
amended) States that fish and wildlife conservation shan receive equal consideration with other
project purposes and will be coordinated with other features of water resource development
projects. The specific wording of Section 2, which is the trigger for consultations with the
Service under FWCA, is as follows:

LC Region DEAl!

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12/97